POCSO Act Section 13 — Use of child for pornographic purposes

CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR

Criminal

Summary

Whoever uses a child in any form of media — including television programmes or advertisements, internet content, any other electronic form, or printed form, whether or not the material is meant for personal use or for distribution — for the purpose of sexual gratification, commits the offence of using a child for pornographic purposes. The use includes (a) showing the sexual organs of a child; (b) using a child in real or simulated sexual acts, with or without penetration; and (c) any indecent or obscene representation of a child.

The explanation clarifies that the expression "use a child" includes involving a child through any medium, such as print, electronic, computer, or any other technology, for the preparation, production, offering, transmitting, publishing, facilitation, and distribution of pornographic material.

Official Text

Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes—

(a) representation of the sexual organs of a child;

(b) usage of a child engaged in real or simulated sexual acts (with or without penetration);

(c) the indecent or obscene representation of a child, shall be guilty of the offence of using a child for pornographic purposes.

Explanation.—For the purposes of this section, the expression ‘‘use a child’’ shall include involving a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of the pornographic material.

Referred to by

Related Judgments

  • MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
  • RAJESH GAMBHIR vs STATE GNCT OF DELHI AND ANR — Delhi High Court (2025)
  • INDEPENDENT THOUGHT vs UNION OF INDIA & ANR — Supreme Court of India (2017)